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VOLUME XXX. COLUMBUS, FRIDAY, MARCH 20, 1810. NUMBER 47. PUBLISHED BY CIIARLE8 SCOTT, At three Dollsrs a year, Invariably In advance. Tieiet week during tks Session of Iks Legislature, and Weeklt tks remainder of tke year. Office o, Bute aireet, Two doors Wen of the Clinton Bank TUESDAY, MARCH 17, 1840. THE HEPORT Of the minority. In ihe New-Jerspy case, ocoupioi almost our entire space, to the exclusion of our legislative reports. We make no apology for thus appropriating our columns. The subject ia one of vital importance to every voler every rnee-HAN in the land. What is thecase of New-Jersey this year, may be that of Ohio next. There is no limit to the rule which has been laid down, but t!,o will of a FACTIOUS MAJORITY.For one moment, let the intelligent Freemen of Ohio cast their minds forward to a case no wise unlikely at the organization of the next Congress, should the present men in power (which God forbid !) succeed in retaining possession of ihe reins of Government The Object of ihe present outrage, by which the sovereignly of New Jersey is trodden down like luhble, is to secure the passage of the NATIONAL BANK bill, under the name of Sub-Treasury. In all despotisms, the SWORD and the PURSE are necessary to the maintenance of power. Then having rcured the Purse-it becomes necessary to give edge to the Sword. The present arm) is too insignificant for the purposes of coercion. The proposition of the Secretary at War, embodied in his annual report, to raise ittanding army of TWO HUNDRED THOUSAND MEN comes up for adoption and it shall be thought that the majority is not sufficiently large to be relied on, as is the case this session what is to prevent a similar issue being taken with the representation of any other State in the Union! Let not Ihe honest unsuspecting freemen of Ohio suppose this an improbable case. It requires only to raise a contest fur their seats, no matler how founded, whether on the majority of votes, lawful or not, or on the ex parte certificate of some oflicor uf the State Government, and the end is accomplished. And have we no such men in this Slate men who would walk over law, justice, and private right, to attain their ends! Let Ihe People scan the doings of ihe present Legislature, and if they have entertained a hope that we have none inch, the delusion will vanish. In the case of New-Jersey, (lo borrow the language of the National Intelligencer,) "the majority of the House of Representatives had only one step farther to go, and the Union would have been at an end; and that step would have been no more a violation of usage and right than what they have already done. To effect this, they had only to refuse lo admit all the other Members of Ihe House opposed to Ihe Administration (as woll as the five Jerseymen) and place in their atead their opponents at the time of their election, and the deed would have been done, which Is now but half done." THE NEW JERSEY CONTESTED ELECTION. TO THE AMERICAN PEOPLE. We desire to call the am ntion of ihe whole country to the statement herewith exhibited, as a report prepared and presented to the House of Representatives, by the minority of the committee on Elections, lo which was referred the contested election from the State of New Jersey; and we especially desire to call their attenlion to the novel, extraordinary, and appalling circumstances, which have driven us to Ihe necessity of thus appealing to our fellow citizens, from one end of the Union to the other; and we do it with Ihe confident assurance, that ihey will give lo the subject that careful and unprejudiced consideration which its importance demands, and Iheir own future safely and interests imperiously require; that Ihey will unite with lis in Ihe belief, which, in Ihe honest sincerity of our hearts we entertain, lliat the Government under which we live, must soon become worse ihsn a Turkish despotism, unless the people, in ihe majesty of Iheir slrenglh, shall arise and rebuke the perpetrators of the oulrage which Ins been cnnimilled on Ihe Conslilulion of Ihe Unitfd Stales, the laws of oneofihe sovereign Slates of this Union, and ihe rights of the great body of Ihe people themselves. We will not enter into a minute detail of the means by which five of Ihe Representatives of the Mate of New Jersey, furnishing the highest evidence known lo Ihe laws of lli.it Slain, lhal ihey had been regularly and constitutionally elected, went driven from Iheir seals, previous to any investigation whatever, and denied all right lo participate in ihe organization and proceedings of the House, and murh less w ill we undertake here, In pronounce upon the motives which led to this unparalleled proceeding. We wish lo lake up this subject at another point, and lut Ihe country know wbal are ihe circumstances under which five oil, r gentlemen from Ihe Slate of New Jersey have been voted inlo seals in Ihe House of Representatives, who have presented tin nlurn, no credential, mi e-mmiesiom and Ibis done when Ihe members holding the commission of Ihe Governor of that Stale, under ihe seal of that commonwealih, were at home by leave of ibe committee, inking depositions to prove wbal they bad at all times averred they could prove that ihey had received a majority of ihe lawful votes given al lite polls. Tho proceedings of the committee having charge of this subject, will be seen by reference lo Ihe report below, up to the time thai Ihe report of Ihe majority ot the committee was presented, and we now proceed to give a statement of wbal has since transpired. Utit it must be remarked, in advance, that the committee having determined that If an investigation was lo be prosecuted behind Iho commissions of the Governor, every principle of equily nnd fairness required that there should be a Ihorough search inlo Ihe legali-fy of ihe voles given for each pirly, and finding ihat there was no mllioicul testimony before Idem by which it could be ascertained for whom a majority of Ihe qualified voters of New Jersey had cast their votes, such lime was granted as the parlies themselves deemed requisite to enable ihem lo lake such lestimony as they might think advisable to establish their respective claims; and that, accordingly, the parties severally left Washington for Ihe Slate of New Jersey, where they now are engaged in ihe prosecution of this work. During iheir absence, and shortly nfter Iheir departure from the city, (no complaint and no application coming from them to Iho House,) the chairman of the committee suhmitled a proposition lo have the documents relating to the contested seals printed for the use of '.he committee. This furnished a pretext for tho Introduction of another proposition, that Ihe committee should be Instructed to report furt.wilh which of Ihe parties had received a majority of all the Voles given al the election, After long debate, this was so modified as to require them to report upon Ihe lawful voles, which expressly, aa a matter of course, excluded all unlawful votes. The subject went to the Committee w ith a precipitation which we deem, in a high degree, exceptionable. The majority of ihe romuiiliee adopted a resolution directing all the voles given lo bo reported as ate-Jul. under a most extraordinary ment.il delusion, Ihat the instructions required it, becuuse iho committee were required lo report Jirthwith, All efforts lo have the testimony then before them examined were auc-rcaafull) resisted reasonable lime to Ihe minority to report iheaeaud other fact, lo the l.ouse denied. The report was prepared, presented, and received without dulsy, the title lo which is well adapted lo create the impression that the votes reported were all lawful voles, while the body of the report itself (which few comparatively of those who see the title will read) labors lo excuse the committee for not ascertaining whether Ihe voles were lawful or unluuful. A member of the minority of Ibe committee attempted lo explain the facts lo the House. Tho Speaker decided that he was entitled to Ihe floor. The majority of Ihe House overruled the decision of the Chair, and refused him Ihe privilege of speaking the previous question demanded, all debate stifled. In lite mean time, a counter-report is prepared and offered lo the House; they refused lo receive it, and prooeeded at once, wholly ignorant of what the testimony established, with a madness and blindness belonging to desperation only, to vote, by Ihe entire strength of their party, that the non-commissioned members had received a majority of lawful votes, and were, therefore, duly elected, and entitled to occupy their seats as the representatives of Ihe Stale of New' Jersey; and while the public funds are to be freely used for the distribution of the report of the five administration members of Ihe committee, private means are to be resorted lo to distribute the report of the four minority members, It is a circumstance, not the least romarkable in this extraordinary case, that the individual members of the majority refused to recognise or adopt ths reasoning of the report, but were entirely satisfied with the conclusions drawn from it, while theauthor of the report was equally well satisfied with his own reasoning, but could nol adopt Ihe conclusions, as evinced by his refusal lo vote for Ihe resolution based upon H, though present al the time. Fur every fad here slated, we pled go ourselves lo produce the proof whenever called on, either before the House or the country; they are facts on record, to he found on the journals of the committee and of the House. And now, we ask by whom these five gentlemen have been elected! By the people of New Jersey, or by the friends of the administration in Congress! And have we said too much in characterising this proceeding as novel, extraordinary, and appalling! Have we done more or less than our duty as citizens of this republic, and as Representatives of the people, in thus calling your attention, emphatically, to this subject; in warning you of your danger, and in asserting the necessity of an immediate interposition of the majesty of the people, at Ihe ballot boxes, to correct such monstrous abuses in future! It has been said, and was generally understood, that the farty in power had, in secret caucus, resolved on the necessity of admitting the administration claimants, to carry through some of Ihe odious schemes of the present administration; still, we hoped thai, before they struck the final blow, they might be induced to listen to reason and to justice.' We appealed, but wc appealed in vain their resolution was as determined as it was unjust; ihey voted, and succeeded, and Ihat by a boasted majority of thirty. How was that majority obtained! Only, because some of the members regarding the outrage as highly gross and violent, refused to vole, or conlribute to the formation of a quorum, for the adoption of a report and resolution not founded, as we all conceived, on the testimony of the case, and not warranted or justified by any consideration whatever. A noble subject for boasting, truly. Let Ihem make Ihe most of it. It is matter of pride to us, that we, at least, resisted it, and resisted to the last. Wa feel thai we have discharged our duty; if you are loo indifferent lo your own liberties to discharge yours, he it so ihe consequences must fall partially on yourselves, but mainly on your posterity : but as citizens of this republic, we tell you we are mournfully apprehensive tor the future, and that you may nol think we are too grave and loo solemn, on this vitally important question, we beg leave respectfully to invito your attention to proceedings in several of ihe State Legislatures, particularly those of New Jersey, Massachusetts, New York, and Virginia, and to the special message of ihe Executive of Ihe last mentioned commonwealth, and if all this does not arouse you to the importance of this subject, all further effort on our part will be vain. Uut we will nol permit ourselves lo indulge in any apprehensions we are nol yet old enough we have not yet come lo Hint pass when lho3e who are clothed with power for the protection of our liberties, can be sustained in such an encroachment on the rights of the people, either for ihe purpose of propitiating Executive favor on ihe one hand, or of perpetuating political power on Ihe other. We respectfully ask that our report, which those who should have acted upon it have refused to receive, (the first instance of ihe kind, aa we believe, that has occurred in the Government,) may meet with Ihat calm, temperate, and unprejudiced deliberation to which it is entitled from the importance of Ihe question involved, MILLARD FILLMORE, JNO. M. BOI'IS, GEO. W. CI! A It II, TRUMAN SMITH. VVasiiiNOToM, March 12, 1840. THE SUPPRESSED REPORT Of the Minority of tie Committee on Elections on Vic Sew Jersey taut presented to Uie I louse of Rqircsenta-tint of Vir Congress of the V. Stale,, March 10, 1 s 10, and contrary to all precedent, excluded from the House, (its rerrplion and reading Ofmg refused, with the previous question pending, and all debate cut off,) by a party rote in the nrgative. The undersigned, being a minority of the Committee on Elections, lo which was referred the New Jersey case, nol concurring in iho reasoning and concluaiona of the report presented to the House by iho chairman of that committee, injustice to themselves, and (what is of nil, higher importance) in jusiico to ihrSiato of New Jersey, and her Representatives, beg leavo to present lo tho consideration of the House the lollowing Report : We regret very much Ihat iho report above referred to, should have been presented lo the House so soon alter II was adopted in committee, as lo render it whully impracticable lor us to submit to I lie Mouse at Ibe same lime our own views of Ihe interesting and important subjeel before the committee, in iho lorin of a counter report; and we also regret that our time and atloniion bavo been so much engrossed by the proceedings of Iho House, on litis subject, sinco the principal report wna submitted by Ihe chuirman, lhal wu aro now necessarily limited to such a statement of material lacla cunnected with Iho question before Iho House, as is indispensable to a true understanding of its merits. When the subject was tiisl referred to the committee, the parlies to the contest wero severally notified that the committee was then ready lo receive a alatement of such fads in writing as ihey proposed lo prove, together with any legal points ihey might think proper to submit to sustain their respective claims. In pursuance nl this suggestion, ihey made lo tho committee written communications, in which their viows of the controversy and ihe grounds of ihoir respective claims wero fully developed ; and which were in substance aa follows: The commissioned members claimed tho vacant seals under and by virtue of the commissions issued by tho Executive of New Jersey ; and insisted ihat it the committeo should dutcrminc to go back ot llioso commissions, and lo inquire into the merits of Ihe election, ihey had a majority of the lenl votes polled, and also a majority ot Iho votes lawfully certified lo tho Governor. Tho non-commissioned claimania admitted iho authenticity of tho commissions, but alleged that ihey received the greatest numberof votes polled, that lhetiov-ernor of Privy Council, unlawfully refused to count ibe votes from Ihe townships of Millvillc and South Atnhoy, for the reason that ihoy wero not included in the certificates of the Clerk of the counties of Middlesex and Cumberland; and thai, hud the voles of the townships been counted, ihe result wuuld bavo been a majority in iheir favor. That the commissions being thus erroneously snd unlswlully issued, wero void. The commissioned members, slleged numerous frauds snd illegalities in the election; somo of which they insisted ought lo set aside the polls; and others, invalidate the voua; such as excluding duly elected persons from olliciating as judges uf election; tho determination of electing ollicers to receive alien votes, and, in fact, receiving such votes, knowing that they were illegal; disregarding all cbsllenges of illegal voles, and permitting Korsons, stlcmpling lo challange, lo bo driven away y Ibreatssnd violence) nnd fraudulently abstracting voles given for Ihem, and substituting others fur their opnoneiitst sml rejecting legnl votes offered for Ihem; and admitting tibial votes on Ihe other side; nnd they also submitted to ths commuter, a list showing about 230 illegal votes given and counted for thenon-commissioned claimants, and three or four legal votes offered for the commissioned members, nnd ejected. They olso slleged that they expected fctpravtaVan extensive conspiracy among tile friends of Ihe opposite set of claimants, to perpetrate these fraudB and obtain these illegal votes; that they had taken some evidence to establish said fact, but had been prevented from completing the proofs, because there wob no law regulating the mode in which the same should be obtained, or giving compulsory process to com pol the attendance of witnesses; snd also because the friends of the non-commissioned claimants bail persuaded witnesses not to attend for examination;, and had prevented officers from taking depositions by iulimidution and threats of publio prosecution for so doing; and they asked further time, and lite authority and direction of the committee to enable them to compel the taking of their testimony. The non-commigsionco claimant denied ell knowledge of the alleged frauds and illegal votes; but stated that they had hesrd of some alien votes having been given at Millville, and udinitted the fact; and also presumed that alien votes were given in other parts of the State; but believed that there were as many on Ihe ono side as on the other. These statements were not completed end laid before the committee until the 23d day of January, and it was obvious from an examination of them, and of the resolution of the House referring the matler, that the committee must pursue ono of two cources that thoy must either mako a preliminary report, awarding the vacant scats to one sot of claimants, until tho whole subjeef should be investigated, nnd tho final right determined; or, proceed to a full and thorough investigation of the subject, and decide'upon the merits of tho whole case at once. Eight members of the committeo out of nine were in favor of siimbitting a preliminary report, by which the vacant scats would have been filled; but thoy differed as to tho basis on which that report should be founded. We entertained the opinion that it should be based on the legal returns of the only authority recognized by the laws of New Jersey ae authorized to grant the return that being the highest prima facia evidence of an election that could be presented and which it has ever been the practice of Congress, and of all other log-islativo assemblies, to treat aa conclusive in tho first instance. And, accordingly, one of our members submitted ihe following proposition : "Resolved. Thai this committee will now proceed to ascertain and determine who have the returns according to the Constitution of the United States, and the laws of New Jersey ; and will authorize Ihem to occupy tho contested scats from that Stato, until the question of ultimate right can be determined." Other gentlemen of the committee, differing with us in opinion, thought that the Executive commissions should be entirely overlooked ; and that it was the duly of tho committee to proceed at once to ascertain which party had received a majority of all votes, good and bad, given at the polls; and were, therefore, entitled lo the returns and submitted amendments to that effect. This view of the subject we deem utterly fallacious; but lime will not permit us to enter into the argument. The consequences resulting from this novel doctrine, are well illustrated by the scenes of disorder and confusion which resulted from its application at the present session scenes, in a high degree, discreditable to the House, and endangering the peace of the country, end which must greatly impair the confidcnco of all right-thinking people in the perpetuity of our free institutions.Upon a caroful examination of the laws of New Jersey, we ascertained that the Governor and Privy Council were mere ministerial officers, charged with a certain specified duty, plainly sot forth, viz: to ascertain and determine which six of the persons voted for, received Ihe greatest number of votes, sccording to the returns made by the clerks of the several counties of the Stato. That the individuals.who were commissioned by the Governor of New Jersey, as the Representatives of that State, had received the greatest number of votes thus returned sccording lo law, was a fact not disputed or denied. Finding this difference of opinion, however, to exist in the committeo as to the basis of a report, the mover of the original proposition modified the same, with the view oi reaching Ihe sense of the cummittee; and merely proposed, in general terms, that a preliminary report enould be made, designating the individuals who should occupy the vacant scats, until tho question of ultimate right could be determined : thus manifesting a disposition to have tho scats filled, as the commilto and the House might determine, according lo Iheir sense of justice and propriety. Dot, from on apprehension, as we presume, that they could nol succeed in the untenable ground they bad taken, that tho report should be made favorable lo those who burcly obtained a majority of all the votes, legal and illegal, given at the olection, the modified resolution waa likewise resisted; and a substitute offered, which proposed to inquire who were entitled to be returned as members elect, evidently on tho ground of good and bad votes; for when it was proposed lo insurt an amendment, which would make ihe case turn on the majority of legal votes, such amendment wna strenuously resisted, and carried only by the casting vote of the chairman. This resolution, as ultimately adopted, was aa follows: "Resolved, That this committee will now proceed to ascertain which fivo of the ten individuals claiming the five vacant scats from New Jersey, received a-majority of legal votes, and therefore, aro duly elected members of ihe'Jiith Congress, from that State, according lo ibe Conslilulion of the United Stales, and the laws of New Jersey." Thus il will be perceived thai the committee came lo sn early determination to investigate tho ballot boxes, and ascertain who were entitled to ihe aeats on ihe ground of having received a majority of legal votes, in which docision we acquiesced; snd, although our opinions were unchanged as to the propriety of tho views we had expressed, we determined lo make no farther efforts lo procure s result that, in our judgments, every principle of justice demanded. ' We then proceeded to the consideration of another resolution offered by one of ihe gentlemen of the majority, which, as amended and ultimately adopted, is aa follows: "Rtsolied, further, That whilst, in tho opinion of this committee, the certificates of tho Govornor of New Jersey arc prima facie evidence that thoso who hold them aro entitled to seats, they are not conclusive evidencoaa lo the ultimate right; and Ihnt such certificates, being contested, such right must depend on the majority of legal votes given in conformity with ihe Constitution of tho United States and the lawa'of New Jersey." On this resolution a division was called for, to wit, on the first branch, as follows: 11 Resolved, furtlier, That whilst, in tho opinion of this committee, the certilicatcsof the Governor of New Jersey are prima facie evidence that those who hold them are entitled to scats, Ihey aro not conclusive evidence as to tho ultimate right." And those who have paid much attention to the progress of this question, both in the House and the ooun-try, will perhaps bo somewhat amaxed to hear that this proposition, for which alone we had contended in the House, and the deteat of which had cotiocd a sovereign Stato in this Union lo be deprived of live-sixths of her representation on the floor of Congress, and had exciicd the public mind in every part of the confederacy, mcl with Ibe unanimous aanciion of the committoe. The resolutions, as adopted,, were communicated to all ihe parties engaged In the contest, under iho following resolution : " Resolved, Thai the Girogoing resolutions bo communicated lo each of the claimants-tn Ibe vacant seals from tho Slate of New Jersoy, and that his committee will hear them at their committee room on tho iiJih dav of January, instant, at 10 o'clock in iho forenoon, on tho subject of the measures which should be adopted to obtain the evidence applicable to inquiry before tho committee. " Accordingly, on Ihe 29th of January, Ihe parties appeared before the committee, nud there wns a likelihood that, after fifteen days of time and lubor spent by the committee before they oould arrive al any conclusion, we should at once proceed, in pursuance of these resolutions, to ascertain which five of the len individuals claiming the seats, had now a majority of legal votes, and wero therefore duly elected members of Congress,, when very unexpectedly to Iho undersigned, Ihe chairman of Ihe committee moved a reconsideration of these resolutions, with a view to offer substitutes. They were reconsidered accordiiiily,Bi!ain discussed, and laid on the Inble, and tho chairmun introduced substitutes which were amended, modified and discussed, and were finally sdopu d, alter two days of additional labor, and aro as follows: "Resolved, That the credentials of the Governor of New Jersey are prima facie evidence that thoy who hold ihem aro entitled lo suuts, but, hcing questioned on i!ie ground that all ths voles polled were nol counted, ibis committee will now proceed to inquire and ascertain who of Ibe len claimants fur the fivo coutestcd seats received tho greatest number, of votes polled in conformity wilh the laws of New Jersey, al the lule election for Members of Congress in that Stato." "ReioJvetl, 1 hat all vol s received by outhorixed offi-cere, Deling inooiilormily wilh the laws, are pri'nui yiici'r legal ; but it being alleged and offered lo b sustained by evidence, thut pluralities were obtained by means of illegal votes and frauds perpetrated on the ballot-box, thie committee will admit evidence as to die truth of theae allegations, and inquire who of Iho ntcinianta received the greatest number of legal votes in conformity wilh the Constitution of the United States and the laws of New Jersey, and therefore are entitled lo occupy, as members of the 2(ith Congress, the fivo contested .seats from that State." "Rctolvcd, That the adoption of the above resolutions does not preclude this committee from reporting the facts and testimony, with its opinions thereon, for the consideration of the House, at any stage of its proceedings, that il may deem it expedient to do so." "Resolved, That a copy of the foregoing resolutions bo communicated to each of ihe claimants to the vacant seats from New Jersey, and that thoy be informed Ihat the committee has reconsidered ana indefinitely postponed the resolutions furnished them on the 28th inst., and that this committee will hear them at their committeo room on Saturday, ths first February proximo, at ten o'clock in the forenoon, on tho subject of tho measures which should be sdopted to obtain the evidence applicable to the inquiry before the committee." Tbe partiea accordingly met again in the committee room, and after they were severally hoard, ihe committoe adopted tbe following resolution : "Resolved, That we will now take up tho testimony which has been referred to this committee in the New Jersey ease; end if, during the investigation of the subject, it shall be desired by either party to furnish ad-. ditional testimony, that then the parties bo allowed such reasonable time as may be determined by tho committeo, to take such additional lestimony, in the manner prescribed by the laws of Now Jersey relating lo contested elections, unless the parlteSrrVee upon some other mode wuicn may tie sanctioned ty llio committeo." Thus, it will be perceived, that, before a nancr. pur- porting to be testimony in this cose, wos opened bv the committee, it was resolved, that time ihnuld lie allowed eitlier parly requiring it, to take additional tesli-many, wilh a view, as we supposed, of ascertaining the whole truth, touching the merits of the election, and the only actios of iho committee under this resolution was to decide on the objections raised by cither purty to the competency of the testimony exhibited. Tliis resolution the commitlee adopted, uithout knowing how il wo ild affect the interests of either party, or which should be the first to ask for time; for it depended on what portion of the lestimony might be received, and what rejected on either side. In pursuanae thereof, iho committee proceeded to hour objections and arguments on iho oompetencyof tbe evidence. Meet of Ihe testimony on the part of the non-commissioned claimants, consisted of certificates and sworn copies of papers, tho afiidavils appended lo which were cj parte, and taken without nolice. And most of that adduced by the commissioned claimants, besides Iheir commissions, consisted of depositions la-ken before State officers in Now Jersey, upon nolice lo tho opposite party. Numerous objections were taken lo the compettney of this evidence, but the undersigned fell no embirrasament in respect lo any of ihem, except that which raised an inquiry as lo the sufficiency ot the nonce of taking tho depositions; there being no law of Congress or of the Stale, applicable lo this case, directing the mode of taking cvidenco, the committee experienced great difficulty in finding any rule that would do justioo to all' concerned. The usage of tho House,, for many years, had sanctioned the practice of rcoeiving depositions, in cases of contested elections, taken on reasonable notice; but had not sealed what was reasonable notice. The commissioned members indicated a willingness that, inasmuch as they were lo return to New Jersey to obtain additional proofs, the comniiileo should reject all testimony in respect to which thero was much doubt, lo the end thai they might retake the evidence, and place Ibe matter beyond dispute. It is proper to state, that, this- suggestion, mode from motives of prudence, avowedly influenced ihe action of one of the undersigncd,.who voted for the exclusion of testimony which he would not have hesitated to receive, if compelled to proceed at onoe and dispose of the esse on its merits. The Chairman seemed disposed lo tske a liberal view of the subject, and to admit nearly the whole of the evidencoon both sides; treating what we d cmed objections to competency, ss mere objections to the sufficiency of the proofs; Ihe effect of which was, witli the uid of tho other four members concurring in the report, already submitted, to let in much tho most important part of the testimony adduced hy the noncommissioned claimants, though token exparle and without notice. But, when the lestimony on the other side came under consideration, the aame four mombers voted against its competency, though token on notices, in some instances at least, ample and abundant ; and it so happened thai, in conscqucnco of the doubts of one of the undersigned,, and ihe influence of a wish which he indulged lo hove the case cleared of all embarrassment, by re-taking the evidence, much the most important pan of the proof offered by the commissioned eluimants was rejected,, and the testimony before the committee was left in a very confused, imperfect, and chaolic state, and in such a condition us to render it,.in Ihe judgment of l lie undersigned, in s high degree unjust to mnko it the basis of their action, cither in the committee or the House, for any purpose whatever. When tho committee had thusdisposcd of tbe questions of competency arising on iho evidence beforoit, iho commissioned members attain, renewed their application for further time, lo finish loking their lestimony; and again verbally stated to the committee ihe various difficulties which had prevented the completion of Iheir proofs before the session of Congress. And this statement not being denied by the nou-coniinissioned claimants, the committee, in consideration of those difficulties, and also in reference to the fnct thai-much of the testimony adduced had been rejected in the manner above stated, deemed the request reasonable, and determined lo grant it; and both parties being decidedly of the opinion thnl the lestimony could nol be taken before the second Mondnv of April next, the committee adopted a preamble and resolution as follows: "Whereas, the people of the Stale of New Jersoy aro al present deprived of live-sixths of their representation in the House of Representatives, snd if being highly expedient that the decision of the qucsiiun between the several claimants to. tho five contested scats in Ihe Houso aloresaid, be made as speedily as practicable, consistent wilh a due investigation and deliberation, and J. B. Ay-crigg, William Hoisted, and others,. having mode appliealion to the committee, for time lo lake further evidence, to maintain their right to scats in said House, and the coniestors having alleged that,.if the committee go inlo an investigation of ihe question of who received Ihe plurality of legal voles, they desire time also lo lake testimony : then-lore, "eiorcuVThai the choirinnn.be required tonotifytho several claimants uforesaid, that lltie committee will not proceed 10 a final decision of the question of ultimate right depending before them, until Iho second Monday in April nexl,. at which lime Ihe committeo will report, iho proofs lo bo closed, and will not receive any testimony taken hy either of the ponies after thai time, but nothing in this resolution shall prevent Ihe committee at any limo before thai day from taking up and deciding said cose, if iho parties shell declare themselves rcody wilh all ihoir testimony." In justice to tho chairman of the committee, it should be staled, that bo indicated lo the committee an anxioua wish lli at lbs lime allowed fur the completion of Ihe pmolfrshoutd be abrcvieied, with' a view to bring ths case, upon its merits, before the Hliuse,.etaa early a day as practicable; snd iliree of the undersigned, in deference to the opinions and feelings of ihe chairman, cooperated with him in an ell'ort to procure s reconsideration of Ihe above resolution; which was defeated by tho votes of ths other members uf the commiuce. Nothing now remained to he donc,.but to carry out tho original plan as exhibited in the said resolutions; and accordingly the following resolution wos offered by one ot the undersigned, and adopted by the committee: "Resolved, Thai the parties to the contested election for. the State of Now Jersey be, and ihey are hereby, authorized lo lake the testimony of such witnesses as oitber of them may desire to examino, by depositions in conformity with the laws of ihat Stale in force at ihe lime ol taking any such testimony, on ihe subjeel of contested elections in similar casos: provided, that Iho parties may by ony ogrecnient under Iheir honds regu-Isle iho mode of giving notice, und other matters of lorin at their discretion." Soon alter Ibe adopiion of these resolutions, the com-missioned members left live eily for the Stale of Now Jersey, lo finish inking their evidence, where they still remain. Wo did nol anticipate, nur had wo an intimation, from nny quarter, lbol further proceedings in the case were rnntcniplhicd, either in the committee or the Houso, until Iho expiration of ibe time allowed the parties to complete iheir evidence; hor are wo willing to believe ihat the House would have adopted the resolution of Iho 28ih of February, if it hod known Ihe situation of the case I ofore Iho committee, or anticipated the construction which Ihe commitlee would put on Ihe resolution.Nothing is more abhorrent lo a well' regulated mind, than the appearance of decepiiun or irenchory in ihe ad-ministration of ju'slieo. We will not, for the honor of our country, believe that ihe highest dcliborniive assembly in the land, acting as a juJiciol tribunal, and deci ding, not only upon Ihe rights of individuals, but slso upon the rights of one of the sovereign Slaieaof the Union, will, for a moment, after these parties have been sent away in confident aecurity that they were to have lime lo take their evidence, emorlsin Ihe idea of laking up the case in their absence, and deciding it without a hearing, and with the proofs on ono side wholly incomplete. Such procedure would be an example of injustice and perfidy so tlogtnnt, ond establish a prcoedent so Eernicious, thai it would haidly be respectful to ibis onorsble body logive it a further examination. At this stago of the proceedings (the. parlies having returned lo Now Jersey to complete their testimony! the subject waa again brought before tho House, and a strenuous effort made to instruct the committee to renort forlliuith who had received a majority of the votes given mine pun; ono, on a proposition to amend me resolution by inser.ing the word "lawful," so as to require the committee to report the lawful votes only, a long, earnest, and, to some extent, an anizrv debate aroae: aud bv ihe casting vote of iho Speaker, tho amendment was adopt- . , a,.u tuc irniiuuuii wna neiii iu wic tuuiiiiiiieu in uie following form : "Rooked, That the Committee of Elections be authorized to report to this House such papers aud such of their proceedings ss thev msv desire to have orintfid bv order of tho'House, snd that they be instructed also to report forthwith, which five of the ten individuals, claiming scats, from the Stale of New Jersey, received Ihe greatest numberof lawful votes from the whole State., for representatives in the Congress of the United Slates, at the election of 1838. in said State, with all the evidence of the fact in their possession: provided, that nothing norcin contained snail do bo construed as to prevent or delay the action of said committee in laking testimony and deciding tbe said case upon Ihe merits of Ihe election."A majority of the committee, usvinff no reo-ard to sb- solute instructions of the House, to revorl the lawful voles, decided that the introduction of the word "lawful" aiu noi aneci mo ouginai meaning oi ine proposition, and that the resistance It had encountered in Ihe House from four of their own members had no object in it but a perverse and obstinate determination on iheir part lo oppose a perfectly harmless amendment; and they proceeded, at once, without deigning lo go into an examination of the testimony before them, to make a report on me wnoie number ol voles given st the polls, law lul and unlawful, tho men and the boys, the aliens snd the citizens, without discrimination, and without stopping lo inquire whether tho elections were held in the manner prescribed by law, when they knew ihat allegations hod been mode and partially established ihat all these mailers would be proven, and many of them, perhaps enough, already proven by the testimony then before them, to change the result, at least in part, if ihey would have opened and examined il. But this the committee conclude, and labor throughout their report to prove, they were not authorized to do, because ihey were directed 10 report forthwith on the lawful voles, and that the effect of that omnipotent and pungent word "forthwith," neutralized and nullified the word lawful, and rendered it perfectly nugatory; and that being required to report forthwith the lawful votes, ihey were of necessity compelled to regard all unlawlul votes as lawful voles, and that lhal waa what the Houso intended when by a vote of 97 to 96 thoy determined to insert il. Why, then, did these gentlemen themselves resist the Introduction! It was precisely what they desired ! It waa exactly what Ihey had struggled for in committee, and why did they not put the same construction on their own act in committeo, when by the casting volo of the chairman il waa then decided to insert the word legal under the ssme circumstances. Why did ihey not then proceed to ascertain who had received a majority of ille-eal aa well as legsl volea, and report that fact lo the House! Only, we suppose, because thai pungent word "forUiwiili" was omiltcd. This branch of the report, we confess, we feel much difficulty in preparing, from an indisposition to say sny thing thai might bear tho appearance of a wont of a proper deference for Ihe opinions of our colleagues ; snd yet, we have so litilo respect lor the reasoning contained in that report, Ihat we scarcely know how lo characterize or ireat it. We do not meon to impeach heir motives or their intelligence, but, at the same lime, we are impelled lo speak ol it as the most extraordinary document ihat has ever come under our observation. Let us compare the resolution of the House with the Report of the Commitlee, and ascortsin whether the instructions therein contained have been obeyed or disregarded.By that resolution the committee are instructed to report forthwith, winch five of the len individuols claiming scots from tho Slate of New Jersey received the ? rosiest numberof lawful votes, from lbs whole Stole, or Representatives Ihe Congress of the United Slates, at Ihe election of 1838 in said Stair, wilh all the evidence of that fact in their possession : " Provided, that nothing contained, shall bo so construed ss 10 prevent or delay the aciion of the committee in loking testimony, or deciding the said case upon the merits of iho election." How has this position snd absolute instruction been fulfilled I Was there a member of the body that did not feci and believe, on the introduction of iho word lawful, thai was so strenuously resisted, lhal the whole objects ol ihe mover of Ihe original resolution and his friends, hsd been defeated ! Was there a member of the Houso who anticipated Ihat within a few daya from that lime, without the examination of testimony, the comniiileo would report that all the voles given at Iho election were lawful votes, because they were enjoined to report forthwith, when they were expressly required to report who received tho greatest numhor of lauful voles only from Ihe whole Stole; and if Ihcro was no testimony before tho committee lo enable Ihem lo report forthwith, what wero ihev required lo report. Why did Ihey not stste ihat fact to iho House! Why did they not report, Ihat the testimony is incomplete, snd Ihe parlies to the contest ore now, by order of the committee, ol home, laking evidence lo establish what you have instructed us to report 1 Why did ihey nol givo lo thai pungent word "fartliwith," i'ta plain, common sense meaning, ss soon as practicable, without unnecessary delay J But, instead of thai, it is msde lo control Ihe whole resolution. What anya tho report : " When the proposition lo instruct was originally introduced as an amendment to the appliealion wilh which tho committee had come before ihe House, ita intent wos clear lhal a reporl should be immediately made of the names of thoso who had received the greatest number of voles at the last Congressional eloclion in New Jersey. If any thing more was wanting to explain Ihe meaning of this proposition, il is lo be found in the proviso which was added, and which cluarly indicated ihat the action which Ihe House was moved lo demand, did nol contemplate an interference with lha course adopted by the committee lor the " taking of testimoney, and deriding the case upon (Ae merits of the election." And, yet, when the resolution is so altered as lo require Ihe committee lo report upon the lawful votes only, 11 means precisely what wns intended before Iho amend-ment was adopted. Such a Course of reasoning, we lake for granted, cannot be satisfactory, either lo ibe House or the country. The report proceeds to sny ; "Al the same lime, the committee cannot entirely (mark Ihe word,) entirely overlook the word faisui, or strike Ihat from the resolution, which was inserted upun a contest so closo, sslo require a easting vole forils decision;" which costing volo may as well be ascribed to tho chairman of Ihe committee, as to ihe Speaker of tho House, for one vole counted aa much as ihe other; snd wa would respectfully inquire whether ihe Hon. Chairman, himself, who drafied thsl reporl, attached no importance to ihe insertion of the word lawful, al Ihe lime be voted for il. The report goes on t "Thcro is bul ono other bssis left, and thai is Ihe pri ma facie case upon the returns of the local Mlxere-of the several polls; and Ihe nature of Ihe controversy token inlo consideration, il can scarcely be doubled thai to this basis ihe resolution looked." Bul, Ihe very subject of the controversy before ths House, was, whethsr the resolution should look to that basis or not whether il should look to Ihe whole vote, or iho lawful voles only l and il had been decided by iho casting vote referred In, that it should look lo tho lawful vote only, and nol to ths whole vole given, ss originally proposed by the resolution snd whHe the committee "cannot entirely overlook the word lawful," or slrike il from ihe resolution, ihey find no difficulty in disregarding ils plain import and moaning, and lliey report Ilia vory mailer they were instructed by ihe House not to report, and this nol from desire lo moke such a report, (because five members of that committee had constantly rofused to make a report based upon any such princi- rlc,) but in strict obedienco to the instructions of tbe louse. But, in sddiiion lo this pungent word, "forth-with," It is auid, the proviso qualified the meaning of the word "lawful." Now, Ihe construction that we give lo the provisoes, Ihst il qnalilics this word, "forthwith," and waainlendrd as a qualification of that vrard, when first introduced. That is lo soy, that whilst you are required to report, forthwith, which five of theseten-gen-tlemcn received Iho greatest number of vctes-from tho whole Slate, nothing herein contained shall in so con strued ss to provont, or delay the action of the Commit-tee in taking testimony, or deciding said cose upon the merits of iho eloction. Il appears lo us Ihat there can be but one opiuioa on this subject, that the proviso was intended ss a qualification to the "forthwith" report to be made; and it is totally incomprehensible to us, how the minds of the committee could have been drawn into the strange error, that the proviso was intended lo qualify what, st Ihe time it wu written, constituted no part of the resolution. Ths subsequent introduction of ihe word lawful, aa wo conceive, nol only does, but waa intended lo qualify, control, and explain the whole resolution : it waa an explanation of itself, Bul the commitlee have determined that the word, forthwith, and the proviso, which were intended to be explained, by the word lawful, themselves, explain the explanation, or. in other words. nuMi- fits and renders altogether nugatory Ihia most important ana ait controlling explanatory amendment. - There is one view of this subjeel that is truly singular, however, snd that is, that in the early part of the session, when Ihe somo facts were admitted before the House that are now reported by the commitlee, there was nol a member of this body prepared to give tbe sesls to those who received a majority of all the votes given, including the bad wilh tho good. Why wos the case ever referred to the committee! Tbe Houbc having refused to recognize those persons as members who have the legal commissions, and not venturing, at that time, to recognize those who had no returns, and only claimed that they bad received a majority of legal and illegal votes, the whole matler waa referred 10 a committeo for-investigation, under such circumstances as lo indicate conclusively, thai those of this body who wore in favor of going behind the commissions, contemplated an inquiry the most ample and comprehensive. To this result the undersigned arc led by a review of all the circumstances which have attended the House on this subject, from the commencement of the session, ss well as by the flagrant injuatice which will mark the contrary coursa, leading, with a haata unparalleled, to the deeiaion of a great and important qucBtion in lha abaence of the parties, and contrary to the expectationa which Ihey had been authorized lo indulge. In order to bring this subject more fully before the House, the undersigned deem it propor to state, tbatf immediately upon the assembling of tbe committee, under the resolution herein examined, ihe majority, without considering the proofs admitted to be competent, the tendency of which was lo ahow that anlawful votes had been polled for the non-commissioned claimants, settled forthwith," tho principles upon which Ihe report should be made; and peremptorily instructed Ihe Chairman to add the votes of Milville and South Amboy, to those counted by the Governor snd Privy Council ; thus resolving tho duties of the committeo into the solution of an arithmetical problem of ths most simple chsracler. But there is an additional' and most imposing fact which wc desire to present for the consideration of the House, before thoy decide this-important question. At the moment Ihe committee had tbe report under considersiion, snd before any vol waa taken therconr the Chairman had in possession a sealed package of depositions, addressed to the Speaker of the Houeerto the care of the Chairman, and endoraed "'depositions in the New Jersey esse," forwarded by Ihe commissioned claimants; and which the majority of the committee refused lo send to the Spoaker, to the end that the santa might be opened, and taken into consideration in the da-cision of the question then ponding in committee. Ore examination, we find that the said depositions sstsblirh and prove illegal voles cast for the non-commissioned? claimants, which, sdded to other unlawful- votes already proven, are sullicionl to give one of the commissioned, claimania Mr. Stralton his seat, on Ihe ground of receiving a majorityi'of lawful votes cast at ihe polls-. The following table will show how many illegal1 votes the commissioned members must prove (if thr votes of Milville and South Amboy ba added) to establish their right over iheir opponents to the vacant seats,. viz: Mr. Stralton Maxwell Halslsd York Mr. Kille, 31 Ryall, 59 Dlckerson, 1 IT Cooper,. 135 Vroom, 199' Aycrigg Tho proofs laid in the first Instance belore the com miliee, would hsve tstablishad both Messrs. Stratlom and Maxwell in iheir scats, had tlic same boea in-alP respects competent. The injustice of refusing to examine the new depositions, is the more spparcnl from the fact thai lhay were taken as substitutes for olber depositions on the ssmv subjocl, which hsd been rejected under eircumstsnoes1' herein before detailed. Their weight and erfect'is greatly enhanced by lha fact lhal the contesting psrty war present, and cross-examined the witnesses. Tbe undersigned made strenuous efforts to induce the majority of Ihe commitlee to strike out the word "lawful" wherever it appears in their report as qualifying, the word "voles," so thai lha language of the report1 might correspond wilh the principle on which il Is based, and thus all misapprohension, eithorbythe House or the country, bs excluded ; and also, lo induce the majority to insert a clause in their report to indicate oppo aition lo it in the committee, and to grant ua time for iher exposilion of our visws through ths mediumofscoun-ler-reporl ; but their efforts proved wholly unavailing. Wo have aaid enough, we trust, to establish the propriety of having lha report of the commitlee recommitted, ihat the instructions given may be literally and faithfully obeyed. With this statement of facts, lo sustain which ws respectfully ssk for the priming of all the dooumenia,.w leave the caae lo the House ; and if it bo contemplated to make a report, aubmiitcd undur such circumstances,-Ihe basis of any action that will compromise ihe righir of eiihor of the partios in this controversy, we beg leave,, aa membera of ths committee, bb Representatives of the people, and in behalf of the sovereign Slates of this Union, to protest sgsinst whet we conceive a most indefensible and unlawful proceeding. MILLARD- FILLMORE,. JNO. M. BOTTS, GEO. W. CRAIIH,-TRUMAN SMITH. WiSHioloK,.MarrA 10, lcUO. t7"GaAii!v. Wa have aeen divera txplarntietia-of lha causa of ths appliealion of lha term "Granny"' lo Gen. Harrison, but wa think that the best, lbs most" philosophical, was given by the Hon. E. Clark in hia speech before Ihe lata Now YorkConvention.--"Hear!" "hear!" as they say In Parliament; oui-ville Journal. "I confess, sin lht while I am by no meana frightened at Ibe term "Granny," which heeheen wllhsuchf exceeding decency and wit given lo General Hatrisoa by the Van Uurenitea, 1 think F csn illustrate its origin. A gentleman of decided hypochondriac hibitc went to consult hia physician, and detailed lo hint' wilh looks of evident alarm, the serious fact thai hit-dreams, lately, hsd been of a meet disturbed diameter. Disordered figures, strange eombinaliona, had' presented themselves; and, indeed, the lasl nighf which ha had passed was full of tha most distressing images, not lha least frightful of which waa, Ihat sev--eral uf lha forms of bra decoased friends hsd showed1 themselves lo him, especially hia long since departed1 grandmother. Tha medical gentleman heard hia caae, and of course sought to know lha causes for so distressing a earn. "Whalt" aaid he, "has been your diet lately !f Did you eat any thin anosual forsup--por tha previoas night!" "Oh, no," was tha answerj "nothing unusual only half a lobster" "Half lobster !' cried Ihe man of physic, "why eal lha other half, and you will see your grandfather, too!" 8o,. Mr. Chairman, ia il with llie beoo-focos; wsbcal' Ihem ao handsomely lasl fall, that Ihey begin to sec their granny. B does not digest atll. After the victory of lha ensuing campaign, Ihey will, I fancy, aear their grandfather and all iheir relations."' OLD MASSACHUSETTS it speaking in tones of thunder her condemnation of lha Destructives. Her' town meeting have Just been held, and the generalre--anil la moat auspicious. Lowell Haa elected lha W hig ticket in every ward Dr. Huntington Mayor1 by 437 msjpriiy: for Everett last November 918.-Worcesler haa chosen lira Whig ticket by 310 majority: lasl fall for Everett, S30. Medfcrd haa elected a majority of Whig officers: last fall, Everett 134:-Morton8i3! Koxbury, whig by 170 majority: last fall 34! Quinoy, (J. Q. Adams' residence,) Whig-by 15 average tnajurily: last fall Morton had 93 majority! Taunton, (Gov. Motton'a town,) haagone-Loco-foco by 30 majority, aflrr desperate effort:: last fall Morton had 71). The majority ol two ia pretty effectually disposed of. Mb. Jour. J Si gn. Governor rrancu, rot several years past Guvernor of Khoda Island, waa t mminaied fur re-elec tion by tha Locos. Ho declined tha honor of a-ettinu" beat, though Mr, Van Baren urged him lo accept tha nomination, according to lha Providence Journal.-Gen. T. K. Carpenter hat tinea been- nominated,. ia place of t'rancis.dcolined,

VOLUME XXX. COLUMBUS, FRIDAY, MARCH 20, 1810. NUMBER 47. PUBLISHED BY CIIARLE8 SCOTT, At three Dollsrs a year, Invariably In advance. Tieiet week during tks Session of Iks Legislature, and Weeklt tks remainder of tke year. Office o, Bute aireet, Two doors Wen of the Clinton Bank TUESDAY, MARCH 17, 1840. THE HEPORT Of the minority. In ihe New-Jerspy case, ocoupioi almost our entire space, to the exclusion of our legislative reports. We make no apology for thus appropriating our columns. The subject ia one of vital importance to every voler every rnee-HAN in the land. What is thecase of New-Jersey this year, may be that of Ohio next. There is no limit to the rule which has been laid down, but t!,o will of a FACTIOUS MAJORITY.For one moment, let the intelligent Freemen of Ohio cast their minds forward to a case no wise unlikely at the organization of the next Congress, should the present men in power (which God forbid !) succeed in retaining possession of ihe reins of Government The Object of ihe present outrage, by which the sovereignly of New Jersey is trodden down like luhble, is to secure the passage of the NATIONAL BANK bill, under the name of Sub-Treasury. In all despotisms, the SWORD and the PURSE are necessary to the maintenance of power. Then having rcured the Purse-it becomes necessary to give edge to the Sword. The present arm) is too insignificant for the purposes of coercion. The proposition of the Secretary at War, embodied in his annual report, to raise ittanding army of TWO HUNDRED THOUSAND MEN comes up for adoption and it shall be thought that the majority is not sufficiently large to be relied on, as is the case this session what is to prevent a similar issue being taken with the representation of any other State in the Union! Let not Ihe honest unsuspecting freemen of Ohio suppose this an improbable case. It requires only to raise a contest fur their seats, no matler how founded, whether on the majority of votes, lawful or not, or on the ex parte certificate of some oflicor uf the State Government, and the end is accomplished. And have we no such men in this Slate men who would walk over law, justice, and private right, to attain their ends! Let Ihe People scan the doings of ihe present Legislature, and if they have entertained a hope that we have none inch, the delusion will vanish. In the case of New-Jersey, (lo borrow the language of the National Intelligencer,) "the majority of the House of Representatives had only one step farther to go, and the Union would have been at an end; and that step would have been no more a violation of usage and right than what they have already done. To effect this, they had only to refuse lo admit all the other Members of Ihe House opposed to Ihe Administration (as woll as the five Jerseymen) and place in their atead their opponents at the time of their election, and the deed would have been done, which Is now but half done." THE NEW JERSEY CONTESTED ELECTION. TO THE AMERICAN PEOPLE. We desire to call the am ntion of ihe whole country to the statement herewith exhibited, as a report prepared and presented to the House of Representatives, by the minority of the committee on Elections, lo which was referred the contested election from the State of New Jersey; and we especially desire to call their attenlion to the novel, extraordinary, and appalling circumstances, which have driven us to Ihe necessity of thus appealing to our fellow citizens, from one end of the Union to the other; and we do it with Ihe confident assurance, that ihey will give lo the subject that careful and unprejudiced consideration which its importance demands, and Iheir own future safely and interests imperiously require; that Ihey will unite with lis in Ihe belief, which, in Ihe honest sincerity of our hearts we entertain, lliat the Government under which we live, must soon become worse ihsn a Turkish despotism, unless the people, in ihe majesty of Iheir slrenglh, shall arise and rebuke the perpetrators of the oulrage which Ins been cnnimilled on Ihe Conslilulion of Ihe Unitfd Stales, the laws of oneofihe sovereign Slates of this Union, and ihe rights of the great body of Ihe people themselves. We will not enter into a minute detail of the means by which five of Ihe Representatives of the Mate of New Jersey, furnishing the highest evidence known lo Ihe laws of lli.it Slain, lhal ihey had been regularly and constitutionally elected, went driven from Iheir seals, previous to any investigation whatever, and denied all right lo participate in ihe organization and proceedings of the House, and murh less w ill we undertake here, In pronounce upon the motives which led to this unparalleled proceeding. We wish lo lake up this subject at another point, and lut Ihe country know wbal are ihe circumstances under which five oil, r gentlemen from Ihe Slate of New Jersey have been voted inlo seals in Ihe House of Representatives, who have presented tin nlurn, no credential, mi e-mmiesiom and Ibis done when Ihe members holding the commission of Ihe Governor of that Stale, under ihe seal of that commonwealih, were at home by leave of ibe committee, inking depositions to prove wbal they bad at all times averred they could prove that ihey had received a majority of ihe lawful votes given al lite polls. Tho proceedings of the committee having charge of this subject, will be seen by reference lo Ihe report below, up to the time thai Ihe report of Ihe majority ot the committee was presented, and we now proceed to give a statement of wbal has since transpired. Utit it must be remarked, in advance, that the committee having determined that If an investigation was lo be prosecuted behind Iho commissions of the Governor, every principle of equily nnd fairness required that there should be a Ihorough search inlo Ihe legali-fy of ihe voles given for each pirly, and finding ihat there was no mllioicul testimony before Idem by which it could be ascertained for whom a majority of Ihe qualified voters of New Jersey had cast their votes, such lime was granted as the parlies themselves deemed requisite to enable ihem lo lake such lestimony as they might think advisable to establish their respective claims; and that, accordingly, the parties severally left Washington for Ihe Slate of New Jersey, where they now are engaged in ihe prosecution of this work. During iheir absence, and shortly nfter Iheir departure from the city, (no complaint and no application coming from them to Iho House,) the chairman of the committee suhmitled a proposition lo have the documents relating to the contested seals printed for the use of '.he committee. This furnished a pretext for tho Introduction of another proposition, that Ihe committee should be Instructed to report furt.wilh which of Ihe parties had received a majority of all the Voles given al the election, After long debate, this was so modified as to require them to report upon Ihe lawful voles, which expressly, aa a matter of course, excluded all unlawful votes. The subject went to the Committee w ith a precipitation which we deem, in a high degree, exceptionable. The majority of ihe romuiiliee adopted a resolution directing all the voles given lo bo reported as ate-Jul. under a most extraordinary ment.il delusion, Ihat the instructions required it, becuuse iho committee were required lo report Jirthwith, All efforts lo have the testimony then before them examined were auc-rcaafull) resisted reasonable lime to Ihe minority to report iheaeaud other fact, lo the l.ouse denied. The report was prepared, presented, and received without dulsy, the title lo which is well adapted lo create the impression that the votes reported were all lawful voles, while the body of the report itself (which few comparatively of those who see the title will read) labors lo excuse the committee for not ascertaining whether Ihe voles were lawful or unluuful. A member of the minority of Ibe committee attempted lo explain the facts lo the House. Tho Speaker decided that he was entitled to Ihe floor. The majority of Ihe House overruled the decision of the Chair, and refused him Ihe privilege of speaking the previous question demanded, all debate stifled. In lite mean time, a counter-report is prepared and offered lo the House; they refused lo receive it, and prooeeded at once, wholly ignorant of what the testimony established, with a madness and blindness belonging to desperation only, to vote, by Ihe entire strength of their party, that the non-commissioned members had received a majority of lawful votes, and were, therefore, duly elected, and entitled to occupy their seats as the representatives of Ihe Stale of New' Jersey; and while the public funds are to be freely used for the distribution of the report of the five administration members of Ihe committee, private means are to be resorted lo to distribute the report of the four minority members, It is a circumstance, not the least romarkable in this extraordinary case, that the individual members of the majority refused to recognise or adopt ths reasoning of the report, but were entirely satisfied with the conclusions drawn from it, while theauthor of the report was equally well satisfied with his own reasoning, but could nol adopt Ihe conclusions, as evinced by his refusal lo vote for Ihe resolution based upon H, though present al the time. Fur every fad here slated, we pled go ourselves lo produce the proof whenever called on, either before the House or the country; they are facts on record, to he found on the journals of the committee and of the House. And now, we ask by whom these five gentlemen have been elected! By the people of New Jersey, or by the friends of the administration in Congress! And have we said too much in characterising this proceeding as novel, extraordinary, and appalling! Have we done more or less than our duty as citizens of this republic, and as Representatives of the people, in thus calling your attention, emphatically, to this subject; in warning you of your danger, and in asserting the necessity of an immediate interposition of the majesty of the people, at Ihe ballot boxes, to correct such monstrous abuses in future! It has been said, and was generally understood, that the farty in power had, in secret caucus, resolved on the necessity of admitting the administration claimants, to carry through some of Ihe odious schemes of the present administration; still, we hoped thai, before they struck the final blow, they might be induced to listen to reason and to justice.' We appealed, but wc appealed in vain their resolution was as determined as it was unjust; ihey voted, and succeeded, and Ihat by a boasted majority of thirty. How was that majority obtained! Only, because some of the members regarding the outrage as highly gross and violent, refused to vole, or conlribute to the formation of a quorum, for the adoption of a report and resolution not founded, as we all conceived, on the testimony of the case, and not warranted or justified by any consideration whatever. A noble subject for boasting, truly. Let Ihem make Ihe most of it. It is matter of pride to us, that we, at least, resisted it, and resisted to the last. Wa feel thai we have discharged our duty; if you are loo indifferent lo your own liberties to discharge yours, he it so ihe consequences must fall partially on yourselves, but mainly on your posterity : but as citizens of this republic, we tell you we are mournfully apprehensive tor the future, and that you may nol think we are too grave and loo solemn, on this vitally important question, we beg leave respectfully to invito your attention to proceedings in several of ihe State Legislatures, particularly those of New Jersey, Massachusetts, New York, and Virginia, and to the special message of ihe Executive of Ihe last mentioned commonwealth, and if all this does not arouse you to the importance of this subject, all further effort on our part will be vain. Uut we will nol permit ourselves lo indulge in any apprehensions we are nol yet old enough we have not yet come lo Hint pass when lho3e who are clothed with power for the protection of our liberties, can be sustained in such an encroachment on the rights of the people, either for ihe purpose of propitiating Executive favor on ihe one hand, or of perpetuating political power on Ihe other. We respectfully ask that our report, which those who should have acted upon it have refused to receive, (the first instance of ihe kind, aa we believe, that has occurred in the Government,) may meet with Ihat calm, temperate, and unprejudiced deliberation to which it is entitled from the importance of Ihe question involved, MILLARD FILLMORE, JNO. M. BOI'IS, GEO. W. CI! A It II, TRUMAN SMITH. VVasiiiNOToM, March 12, 1840. THE SUPPRESSED REPORT Of the Minority of tie Committee on Elections on Vic Sew Jersey taut presented to Uie I louse of Rqircsenta-tint of Vir Congress of the V. Stale,, March 10, 1 s 10, and contrary to all precedent, excluded from the House, (its rerrplion and reading Ofmg refused, with the previous question pending, and all debate cut off,) by a party rote in the nrgative. The undersigned, being a minority of the Committee on Elections, lo which was referred the New Jersey case, nol concurring in iho reasoning and concluaiona of the report presented to the House by iho chairman of that committee, injustice to themselves, and (what is of nil, higher importance) in jusiico to ihrSiato of New Jersey, and her Representatives, beg leavo to present lo tho consideration of the House the lollowing Report : We regret very much Ihat iho report above referred to, should have been presented lo the House so soon alter II was adopted in committee, as lo render it whully impracticable lor us to submit to I lie Mouse at Ibe same lime our own views of Ihe interesting and important subjeel before the committee, in iho lorin of a counter report; and we also regret that our time and atloniion bavo been so much engrossed by the proceedings of Iho House, on litis subject, sinco the principal report wna submitted by Ihe chuirman, lhal wu aro now necessarily limited to such a statement of material lacla cunnected with Iho question before Iho House, as is indispensable to a true understanding of its merits. When the subject was tiisl referred to the committee, the parlies to the contest wero severally notified that the committee was then ready lo receive a alatement of such fads in writing as ihey proposed lo prove, together with any legal points ihey might think proper to submit to sustain their respective claims. In pursuance nl this suggestion, ihey made lo tho committee written communications, in which their viows of the controversy and ihe grounds of ihoir respective claims wero fully developed ; and which were in substance aa follows: The commissioned members claimed tho vacant seals under and by virtue of the commissions issued by tho Executive of New Jersey ; and insisted ihat it the committeo should dutcrminc to go back ot llioso commissions, and lo inquire into the merits of Ihe election, ihey had a majority of the lenl votes polled, and also a majority ot Iho votes lawfully certified lo tho Governor. Tho non-commissioned claimania admitted iho authenticity of tho commissions, but alleged that ihey received the greatest numberof votes polled, that lhetiov-ernor of Privy Council, unlawfully refused to count ibe votes from Ihe townships of Millvillc and South Atnhoy, for the reason that ihoy wero not included in the certificates of the Clerk of the counties of Middlesex and Cumberland; and thai, hud the voles of the townships been counted, ihe result wuuld bavo been a majority in iheir favor. That the commissions being thus erroneously snd unlswlully issued, wero void. The commissioned members, slleged numerous frauds snd illegalities in the election; somo of which they insisted ought lo set aside the polls; and others, invalidate the voua; such as excluding duly elected persons from olliciating as judges uf election; tho determination of electing ollicers to receive alien votes, and, in fact, receiving such votes, knowing that they were illegal; disregarding all cbsllenges of illegal voles, and permitting Korsons, stlcmpling lo challange, lo bo driven away y Ibreatssnd violence) nnd fraudulently abstracting voles given for Ihem, and substituting others fur their opnoneiitst sml rejecting legnl votes offered for Ihem; and admitting tibial votes on Ihe other side; nnd they also submitted to ths commuter, a list showing about 230 illegal votes given and counted for thenon-commissioned claimants, and three or four legal votes offered for the commissioned members, nnd ejected. They olso slleged that they expected fctpravtaVan extensive conspiracy among tile friends of Ihe opposite set of claimants, to perpetrate these fraudB and obtain these illegal votes; that they had taken some evidence to establish said fact, but had been prevented from completing the proofs, because there wob no law regulating the mode in which the same should be obtained, or giving compulsory process to com pol the attendance of witnesses; snd also because the friends of the non-commissioned claimants bail persuaded witnesses not to attend for examination;, and had prevented officers from taking depositions by iulimidution and threats of publio prosecution for so doing; and they asked further time, and lite authority and direction of the committee to enable them to compel the taking of their testimony. The non-commigsionco claimant denied ell knowledge of the alleged frauds and illegal votes; but stated that they had hesrd of some alien votes having been given at Millville, and udinitted the fact; and also presumed that alien votes were given in other parts of the State; but believed that there were as many on Ihe ono side as on the other. These statements were not completed end laid before the committee until the 23d day of January, and it was obvious from an examination of them, and of the resolution of the House referring the matler, that the committee must pursue ono of two cources that thoy must either mako a preliminary report, awarding the vacant scats to one sot of claimants, until tho whole subjeef should be investigated, nnd tho final right determined; or, proceed to a full and thorough investigation of the subject, and decide'upon the merits of tho whole case at once. Eight members of the committeo out of nine were in favor of siimbitting a preliminary report, by which the vacant scats would have been filled; but thoy differed as to tho basis on which that report should be founded. We entertained the opinion that it should be based on the legal returns of the only authority recognized by the laws of New Jersey ae authorized to grant the return that being the highest prima facia evidence of an election that could be presented and which it has ever been the practice of Congress, and of all other log-islativo assemblies, to treat aa conclusive in tho first instance. And, accordingly, one of our members submitted ihe following proposition : "Resolved. Thai this committee will now proceed to ascertain and determine who have the returns according to the Constitution of the United States, and the laws of New Jersey ; and will authorize Ihem to occupy tho contested scats from that Stato, until the question of ultimate right can be determined." Other gentlemen of the committee, differing with us in opinion, thought that the Executive commissions should be entirely overlooked ; and that it was the duly of tho committee to proceed at once to ascertain which party had received a majority of all votes, good and bad, given at the polls; and were, therefore, entitled lo the returns and submitted amendments to that effect. This view of the subject we deem utterly fallacious; but lime will not permit us to enter into the argument. The consequences resulting from this novel doctrine, are well illustrated by the scenes of disorder and confusion which resulted from its application at the present session scenes, in a high degree, discreditable to the House, and endangering the peace of the country, end which must greatly impair the confidcnco of all right-thinking people in the perpetuity of our free institutions.Upon a caroful examination of the laws of New Jersey, we ascertained that the Governor and Privy Council were mere ministerial officers, charged with a certain specified duty, plainly sot forth, viz: to ascertain and determine which six of the persons voted for, received Ihe greatest number of votes, sccording to the returns made by the clerks of the several counties of the Stato. That the individuals.who were commissioned by the Governor of New Jersey, as the Representatives of that State, had received the greatest number of votes thus returned sccording lo law, was a fact not disputed or denied. Finding this difference of opinion, however, to exist in the committeo as to the basis of a report, the mover of the original proposition modified the same, with the view oi reaching Ihe sense of the cummittee; and merely proposed, in general terms, that a preliminary report enould be made, designating the individuals who should occupy the vacant scats, until tho question of ultimate right could be determined : thus manifesting a disposition to have tho scats filled, as the commilto and the House might determine, according lo Iheir sense of justice and propriety. Dot, from on apprehension, as we presume, that they could nol succeed in the untenable ground they bad taken, that tho report should be made favorable lo those who burcly obtained a majority of all the votes, legal and illegal, given at the olection, the modified resolution waa likewise resisted; and a substitute offered, which proposed to inquire who were entitled to be returned as members elect, evidently on tho ground of good and bad votes; for when it was proposed lo insurt an amendment, which would make ihe case turn on the majority of legal votes, such amendment wna strenuously resisted, and carried only by the casting vote of the chairman. This resolution, as ultimately adopted, was aa follows: "Resolved, That this committee will now proceed to ascertain which fivo of the ten individuals claiming the five vacant scats from New Jersey, received a-majority of legal votes, and therefore, aro duly elected members of ihe'Jiith Congress, from that State, according lo ibe Conslilulion of the United Stales, and the laws of New Jersey." Thus il will be perceived thai the committee came lo sn early determination to investigate tho ballot boxes, and ascertain who were entitled to ihe aeats on ihe ground of having received a majority of legal votes, in which docision we acquiesced; snd, although our opinions were unchanged as to the propriety of tho views we had expressed, we determined lo make no farther efforts lo procure s result that, in our judgments, every principle of justice demanded. ' We then proceeded to the consideration of another resolution offered by one of ihe gentlemen of the majority, which, as amended and ultimately adopted, is aa follows: "Rtsolied, further, That whilst, in tho opinion of this committee, the certificates of tho Govornor of New Jersey arc prima facie evidence that thoso who hold them aro entitled to seats, they are not conclusive evidencoaa lo the ultimate right; and Ihnt such certificates, being contested, such right must depend on the majority of legal votes given in conformity with ihe Constitution of tho United States and the lawa'of New Jersey." On this resolution a division was called for, to wit, on the first branch, as follows: 11 Resolved, furtlier, That whilst, in tho opinion of this committee, the certilicatcsof the Governor of New Jersey are prima facie evidence that those who hold them are entitled to scats, Ihey aro not conclusive evidence as to tho ultimate right." And those who have paid much attention to the progress of this question, both in the House and the ooun-try, will perhaps bo somewhat amaxed to hear that this proposition, for which alone we had contended in the House, and the deteat of which had cotiocd a sovereign Stato in this Union lo be deprived of live-sixths of her representation on the floor of Congress, and had exciicd the public mind in every part of the confederacy, mcl with Ibe unanimous aanciion of the committoe. The resolutions, as adopted,, were communicated to all ihe parties engaged In the contest, under iho following resolution : " Resolved, Thai the Girogoing resolutions bo communicated lo each of the claimants-tn Ibe vacant seals from tho Slate of New Jersoy, and that his committee will hear them at their committee room on tho iiJih dav of January, instant, at 10 o'clock in iho forenoon, on tho subject of the measures which should be adopted to obtain the evidence applicable to inquiry before tho committee. " Accordingly, on Ihe 29th of January, Ihe parties appeared before the committee, nud there wns a likelihood that, after fifteen days of time and lubor spent by the committee before they oould arrive al any conclusion, we should at once proceed, in pursuance of these resolutions, to ascertain which five of the len individuals claiming the seats, had now a majority of legal votes, and wero therefore duly elected members of Congress,, when very unexpectedly to Iho undersigned, Ihe chairman of Ihe committee moved a reconsideration of these resolutions, with a view to offer substitutes. They were reconsidered accordiiiily,Bi!ain discussed, and laid on the Inble, and tho chairmun introduced substitutes which were amended, modified and discussed, and were finally sdopu d, alter two days of additional labor, and aro as follows: "Resolved, That the credentials of the Governor of New Jersey are prima facie evidence that thoy who hold ihem aro entitled lo suuts, but, hcing questioned on i!ie ground that all ths voles polled were nol counted, ibis committee will now proceed to inquire and ascertain who of Ibe len claimants fur the fivo coutestcd seats received tho greatest number, of votes polled in conformity wilh the laws of New Jersey, al the lule election for Members of Congress in that Stato." "ReioJvetl, 1 hat all vol s received by outhorixed offi-cere, Deling inooiilormily wilh the laws, are pri'nui yiici'r legal ; but it being alleged and offered lo b sustained by evidence, thut pluralities were obtained by means of illegal votes and frauds perpetrated on the ballot-box, thie committee will admit evidence as to die truth of theae allegations, and inquire who of Iho ntcinianta received the greatest number of legal votes in conformity wilh the Constitution of the United States and the laws of New Jersey, and therefore are entitled lo occupy, as members of the 2(ith Congress, the fivo contested .seats from that State." "Rctolvcd, That the adoption of the above resolutions does not preclude this committee from reporting the facts and testimony, with its opinions thereon, for the consideration of the House, at any stage of its proceedings, that il may deem it expedient to do so." "Resolved, That a copy of the foregoing resolutions bo communicated to each of ihe claimants to the vacant seats from New Jersey, and that thoy be informed Ihat the committee has reconsidered ana indefinitely postponed the resolutions furnished them on the 28th inst., and that this committee will hear them at their committeo room on Saturday, ths first February proximo, at ten o'clock in the forenoon, on tho subject of tho measures which should be sdopted to obtain the evidence applicable to the inquiry before the committee." Tbe partiea accordingly met again in the committee room, and after they were severally hoard, ihe committoe adopted tbe following resolution : "Resolved, That we will now take up tho testimony which has been referred to this committee in the New Jersey ease; end if, during the investigation of the subject, it shall be desired by either party to furnish ad-. ditional testimony, that then the parties bo allowed such reasonable time as may be determined by tho committeo, to take such additional lestimony, in the manner prescribed by the laws of Now Jersey relating lo contested elections, unless the parlteSrrVee upon some other mode wuicn may tie sanctioned ty llio committeo." Thus, it will be perceived, that, before a nancr. pur- porting to be testimony in this cose, wos opened bv the committee, it was resolved, that time ihnuld lie allowed eitlier parly requiring it, to take additional tesli-many, wilh a view, as we supposed, of ascertaining the whole truth, touching the merits of the election, and the only actios of iho committee under this resolution was to decide on the objections raised by cither purty to the competency of the testimony exhibited. Tliis resolution the commitlee adopted, uithout knowing how il wo ild affect the interests of either party, or which should be the first to ask for time; for it depended on what portion of the lestimony might be received, and what rejected on either side. In pursuanae thereof, iho committee proceeded to hour objections and arguments on iho oompetencyof tbe evidence. Meet of Ihe testimony on the part of the non-commissioned claimants, consisted of certificates and sworn copies of papers, tho afiidavils appended lo which were cj parte, and taken without nolice. And most of that adduced by the commissioned claimants, besides Iheir commissions, consisted of depositions la-ken before State officers in Now Jersey, upon nolice lo tho opposite party. Numerous objections were taken lo the compettney of this evidence, but the undersigned fell no embirrasament in respect lo any of ihem, except that which raised an inquiry as lo the sufficiency ot the nonce of taking tho depositions; there being no law of Congress or of the Stale, applicable lo this case, directing the mode of taking cvidenco, the committee experienced great difficulty in finding any rule that would do justioo to all' concerned. The usage of tho House,, for many years, had sanctioned the practice of rcoeiving depositions, in cases of contested elections, taken on reasonable notice; but had not sealed what was reasonable notice. The commissioned members indicated a willingness that, inasmuch as they were lo return to New Jersey to obtain additional proofs, the comniiileo should reject all testimony in respect to which thero was much doubt, lo the end thai they might retake the evidence, and place Ibe matter beyond dispute. It is proper to state, that, this- suggestion, mode from motives of prudence, avowedly influenced ihe action of one of the undersigncd,.who voted for the exclusion of testimony which he would not have hesitated to receive, if compelled to proceed at onoe and dispose of the esse on its merits. The Chairman seemed disposed lo tske a liberal view of the subject, and to admit nearly the whole of the evidencoon both sides; treating what we d cmed objections to competency, ss mere objections to the sufficiency of the proofs; Ihe effect of which was, witli the uid of tho other four members concurring in the report, already submitted, to let in much tho most important part of the testimony adduced hy the noncommissioned claimants, though token exparle and without notice. But, when the lestimony on the other side came under consideration, the aame four mombers voted against its competency, though token on notices, in some instances at least, ample and abundant ; and it so happened thai, in conscqucnco of the doubts of one of the undersigned,, and ihe influence of a wish which he indulged lo hove the case cleared of all embarrassment, by re-taking the evidence, much the most important pan of the proof offered by the commissioned eluimants was rejected,, and the testimony before the committee was left in a very confused, imperfect, and chaolic state, and in such a condition us to render it,.in Ihe judgment of l lie undersigned, in s high degree unjust to mnko it the basis of their action, cither in the committee or the House, for any purpose whatever. When tho committee had thusdisposcd of tbe questions of competency arising on iho evidence beforoit, iho commissioned members attain, renewed their application for further time, lo finish loking their lestimony; and again verbally stated to the committee ihe various difficulties which had prevented the completion of Iheir proofs before the session of Congress. And this statement not being denied by the nou-coniinissioned claimants, the committee, in consideration of those difficulties, and also in reference to the fnct thai-much of the testimony adduced had been rejected in the manner above stated, deemed the request reasonable, and determined lo grant it; and both parties being decidedly of the opinion thnl the lestimony could nol be taken before the second Mondnv of April next, the committee adopted a preamble and resolution as follows: "Whereas, the people of the Stale of New Jersoy aro al present deprived of live-sixths of their representation in the House of Representatives, snd if being highly expedient that the decision of the qucsiiun between the several claimants to. tho five contested scats in Ihe Houso aloresaid, be made as speedily as practicable, consistent wilh a due investigation and deliberation, and J. B. Ay-crigg, William Hoisted, and others,. having mode appliealion to the committee, for time lo lake further evidence, to maintain their right to scats in said House, and the coniestors having alleged that,.if the committee go inlo an investigation of ihe question of who received Ihe plurality of legal voles, they desire time also lo lake testimony : then-lore, "eiorcuVThai the choirinnn.be required tonotifytho several claimants uforesaid, that lltie committee will not proceed 10 a final decision of the question of ultimate right depending before them, until Iho second Monday in April nexl,. at which lime Ihe committeo will report, iho proofs lo bo closed, and will not receive any testimony taken hy either of the ponies after thai time, but nothing in this resolution shall prevent Ihe committee at any limo before thai day from taking up and deciding said cose, if iho parties shell declare themselves rcody wilh all ihoir testimony." In justice to tho chairman of the committee, it should be staled, that bo indicated lo the committee an anxioua wish lli at lbs lime allowed fur the completion of Ihe pmolfrshoutd be abrcvieied, with' a view to bring ths case, upon its merits, before the Hliuse,.etaa early a day as practicable; snd iliree of the undersigned, in deference to the opinions and feelings of ihe chairman, cooperated with him in an ell'ort to procure s reconsideration of Ihe above resolution; which was defeated by tho votes of ths other members uf the commiuce. Nothing now remained to he donc,.but to carry out tho original plan as exhibited in the said resolutions; and accordingly the following resolution wos offered by one ot the undersigned, and adopted by the committee: "Resolved, Thai the parties to the contested election for. the State of Now Jersey be, and ihey are hereby, authorized lo lake the testimony of such witnesses as oitber of them may desire to examino, by depositions in conformity with the laws of ihat Stale in force at ihe lime ol taking any such testimony, on ihe subjeel of contested elections in similar casos: provided, that Iho parties may by ony ogrecnient under Iheir honds regu-Isle iho mode of giving notice, und other matters of lorin at their discretion." Soon alter Ibe adopiion of these resolutions, the com-missioned members left live eily for the Stale of Now Jersey, lo finish inking their evidence, where they still remain. Wo did nol anticipate, nur had wo an intimation, from nny quarter, lbol further proceedings in the case were rnntcniplhicd, either in the committee or the Houso, until Iho expiration of ibe time allowed the parties to complete iheir evidence; hor are wo willing to believe ihat the House would have adopted the resolution of Iho 28ih of February, if it hod known Ihe situation of the case I ofore Iho committee, or anticipated the construction which Ihe commitlee would put on Ihe resolution.Nothing is more abhorrent lo a well' regulated mind, than the appearance of decepiiun or irenchory in ihe ad-ministration of ju'slieo. We will not, for the honor of our country, believe that ihe highest dcliborniive assembly in the land, acting as a juJiciol tribunal, and deci ding, not only upon Ihe rights of individuals, but slso upon the rights of one of the sovereign Slaieaof the Union, will, for a moment, after these parties have been sent away in confident aecurity that they were to have lime lo take their evidence, emorlsin Ihe idea of laking up the case in their absence, and deciding it without a hearing, and with the proofs on ono side wholly incomplete. Such procedure would be an example of injustice and perfidy so tlogtnnt, ond establish a prcoedent so Eernicious, thai it would haidly be respectful to ibis onorsble body logive it a further examination. At this stago of the proceedings (the. parlies having returned lo Now Jersey to complete their testimony! the subject waa again brought before tho House, and a strenuous effort made to instruct the committee to renort forlliuith who had received a majority of the votes given mine pun; ono, on a proposition to amend me resolution by inser.ing the word "lawful," so as to require the committee to report the lawful votes only, a long, earnest, and, to some extent, an anizrv debate aroae: aud bv ihe casting vote of iho Speaker, tho amendment was adopt- . , a,.u tuc irniiuuuii wna neiii iu wic tuuiiiiiiieu in uie following form : "Rooked, That the Committee of Elections be authorized to report to this House such papers aud such of their proceedings ss thev msv desire to have orintfid bv order of tho'House, snd that they be instructed also to report forthwith, which five of the ten individuals, claiming scats, from the Stale of New Jersey, received Ihe greatest numberof lawful votes from the whole State., for representatives in the Congress of the United Slates, at the election of 1838. in said State, with all the evidence of the fact in their possession: provided, that nothing norcin contained snail do bo construed as to prevent or delay the action of said committee in laking testimony and deciding tbe said case upon Ihe merits of Ihe election."A majority of the committee, usvinff no reo-ard to sb- solute instructions of the House, to revorl the lawful voles, decided that the introduction of the word "lawful" aiu noi aneci mo ouginai meaning oi ine proposition, and that the resistance It had encountered in Ihe House from four of their own members had no object in it but a perverse and obstinate determination on iheir part lo oppose a perfectly harmless amendment; and they proceeded, at once, without deigning lo go into an examination of the testimony before them, to make a report on me wnoie number ol voles given st the polls, law lul and unlawful, tho men and the boys, the aliens snd the citizens, without discrimination, and without stopping lo inquire whether tho elections were held in the manner prescribed by law, when they knew ihat allegations hod been mode and partially established ihat all these mailers would be proven, and many of them, perhaps enough, already proven by the testimony then before them, to change the result, at least in part, if ihey would have opened and examined il. But this the committee conclude, and labor throughout their report to prove, they were not authorized to do, because ihey were directed 10 report forthwith on the lawful voles, and that the effect of that omnipotent and pungent word "forthwith," neutralized and nullified the word lawful, and rendered it perfectly nugatory; and that being required to report forthwith the lawful votes, ihey were of necessity compelled to regard all unlawlul votes as lawful voles, and that lhal waa what the Houso intended when by a vote of 97 to 96 thoy determined to insert il. Why, then, did these gentlemen themselves resist the Introduction! It was precisely what they desired ! It waa exactly what Ihey had struggled for in committee, and why did they not put the same construction on their own act in committeo, when by the casting volo of the chairman il waa then decided to insert the word legal under the ssme circumstances. Why did ihey not then proceed to ascertain who had received a majority of ille-eal aa well as legsl volea, and report that fact lo the House! Only, we suppose, because thai pungent word "forUiwiili" was omiltcd. This branch of the report, we confess, we feel much difficulty in preparing, from an indisposition to say sny thing thai might bear tho appearance of a wont of a proper deference for Ihe opinions of our colleagues ; snd yet, we have so litilo respect lor the reasoning contained in that report, Ihat we scarcely know how lo characterize or ireat it. We do not meon to impeach heir motives or their intelligence, but, at the same lime, we are impelled lo speak ol it as the most extraordinary document ihat has ever come under our observation. Let us compare the resolution of the House with the Report of the Commitlee, and ascortsin whether the instructions therein contained have been obeyed or disregarded.By that resolution the committee are instructed to report forthwith, winch five of the len individuols claiming scots from tho Slate of New Jersey received the ? rosiest numberof lawful votes, from lbs whole Stole, or Representatives Ihe Congress of the United Slates, at Ihe election of 1838 in said Stair, wilh all the evidence of that fact in their possession : " Provided, that nothing contained, shall bo so construed ss 10 prevent or delay the aciion of the committee in loking testimony, or deciding the said case upon the merits of iho election." How has this position snd absolute instruction been fulfilled I Was there a member of the body that did not feci and believe, on the introduction of iho word lawful, thai was so strenuously resisted, lhal the whole objects ol ihe mover of Ihe original resolution and his friends, hsd been defeated ! Was there a member of the Houso who anticipated Ihat within a few daya from that lime, without the examination of testimony, the comniiileo would report that all the voles given at Iho election were lawful votes, because they were enjoined to report forthwith, when they were expressly required to report who received tho greatest numhor of lauful voles only from Ihe whole Stole; and if Ihcro was no testimony before tho committee lo enable Ihem lo report forthwith, what wero ihev required lo report. Why did Ihey not stste ihat fact to iho House! Why did they not report, Ihat the testimony is incomplete, snd Ihe parlies to the contest ore now, by order of the committee, ol home, laking evidence lo establish what you have instructed us to report 1 Why did ihey nol givo lo thai pungent word "fartliwith," i'ta plain, common sense meaning, ss soon as practicable, without unnecessary delay J But, instead of thai, it is msde lo control Ihe whole resolution. What anya tho report : " When the proposition lo instruct was originally introduced as an amendment to the appliealion wilh which tho committee had come before ihe House, ita intent wos clear lhal a reporl should be immediately made of the names of thoso who had received the greatest number of voles at the last Congressional eloclion in New Jersey. If any thing more was wanting to explain Ihe meaning of this proposition, il is lo be found in the proviso which was added, and which cluarly indicated ihat the action which Ihe House was moved lo demand, did nol contemplate an interference with lha course adopted by the committee lor the " taking of testimoney, and deriding the case upon (Ae merits of the election." And, yet, when the resolution is so altered as lo require Ihe committee lo report upon the lawful votes only, 11 means precisely what wns intended before Iho amend-ment was adopted. Such a Course of reasoning, we lake for granted, cannot be satisfactory, either lo ibe House or the country. The report proceeds to sny ; "Al the same lime, the committee cannot entirely (mark Ihe word,) entirely overlook the word faisui, or strike Ihat from the resolution, which was inserted upun a contest so closo, sslo require a easting vole forils decision;" which costing volo may as well be ascribed to tho chairman of Ihe committee, as to ihe Speaker of tho House, for one vole counted aa much as ihe other; snd wa would respectfully inquire whether ihe Hon. Chairman, himself, who drafied thsl reporl, attached no importance to ihe insertion of the word lawful, al Ihe lime be voted for il. The report goes on t "Thcro is bul ono other bssis left, and thai is Ihe pri ma facie case upon the returns of the local Mlxere-of the several polls; and Ihe nature of Ihe controversy token inlo consideration, il can scarcely be doubled thai to this basis ihe resolution looked." Bul, Ihe very subject of the controversy before ths House, was, whethsr the resolution should look to that basis or not whether il should look to Ihe whole vote, or iho lawful voles only l and il had been decided by iho casting vote referred In, that it should look lo tho lawful vote only, and nol to ths whole vole given, ss originally proposed by the resolution snd whHe the committee "cannot entirely overlook the word lawful," or slrike il from ihe resolution, ihey find no difficulty in disregarding ils plain import and moaning, and lliey report Ilia vory mailer they were instructed by ihe House not to report, and this nol from desire lo moke such a report, (because five members of that committee had constantly rofused to make a report based upon any such princi- rlc,) but in strict obedienco to the instructions of tbe louse. But, in sddiiion lo this pungent word, "forth-with," It is auid, the proviso qualified the meaning of the word "lawful." Now, Ihe construction that we give lo the provisoes, Ihst il qnalilics this word, "forthwith," and waainlendrd as a qualification of that vrard, when first introduced. That is lo soy, that whilst you are required to report, forthwith, which five of theseten-gen-tlemcn received Iho greatest number of vctes-from tho whole Slate, nothing herein contained shall in so con strued ss to provont, or delay the action of the Commit-tee in taking testimony, or deciding said cose upon the merits of iho eloction. Il appears lo us Ihat there can be but one opiuioa on this subject, that the proviso was intended ss a qualification to the "forthwith" report to be made; and it is totally incomprehensible to us, how the minds of the committee could have been drawn into the strange error, that the proviso was intended lo qualify what, st Ihe time it wu written, constituted no part of the resolution. Ths subsequent introduction of ihe word lawful, aa wo conceive, nol only does, but waa intended lo qualify, control, and explain the whole resolution : it waa an explanation of itself, Bul the commitlee have determined that the word, forthwith, and the proviso, which were intended to be explained, by the word lawful, themselves, explain the explanation, or. in other words. nuMi- fits and renders altogether nugatory Ihia most important ana ait controlling explanatory amendment. - There is one view of this subjeel that is truly singular, however, snd that is, that in the early part of the session, when Ihe somo facts were admitted before the House that are now reported by the commitlee, there was nol a member of this body prepared to give tbe sesls to those who received a majority of all the votes given, including the bad wilh tho good. Why wos the case ever referred to the committee! Tbe Houbc having refused to recognize those persons as members who have the legal commissions, and not venturing, at that time, to recognize those who had no returns, and only claimed that they bad received a majority of legal and illegal votes, the whole matler waa referred 10 a committeo for-investigation, under such circumstances as lo indicate conclusively, thai those of this body who wore in favor of going behind the commissions, contemplated an inquiry the most ample and comprehensive. To this result the undersigned arc led by a review of all the circumstances which have attended the House on this subject, from the commencement of the session, ss well as by the flagrant injuatice which will mark the contrary coursa, leading, with a haata unparalleled, to the deeiaion of a great and important qucBtion in lha abaence of the parties, and contrary to the expectationa which Ihey had been authorized lo indulge. In order to bring this subject more fully before the House, the undersigned deem it propor to state, tbatf immediately upon the assembling of tbe committee, under the resolution herein examined, ihe majority, without considering the proofs admitted to be competent, the tendency of which was lo ahow that anlawful votes had been polled for the non-commissioned claimants, settled forthwith," tho principles upon which Ihe report should be made; and peremptorily instructed Ihe Chairman to add the votes of Milville and South Amboy, to those counted by the Governor snd Privy Council ; thus resolving tho duties of the committeo into the solution of an arithmetical problem of ths most simple chsracler. But there is an additional' and most imposing fact which wc desire to present for the consideration of the House, before thoy decide this-important question. At the moment Ihe committee had tbe report under considersiion, snd before any vol waa taken therconr the Chairman had in possession a sealed package of depositions, addressed to the Speaker of the Houeerto the care of the Chairman, and endoraed "'depositions in the New Jersey esse," forwarded by Ihe commissioned claimants; and which the majority of the committee refused lo send to the Spoaker, to the end that the santa might be opened, and taken into consideration in the da-cision of the question then ponding in committee. Ore examination, we find that the said depositions sstsblirh and prove illegal voles cast for the non-commissioned? claimants, which, sdded to other unlawful- votes already proven, are sullicionl to give one of the commissioned, claimania Mr. Stralton his seat, on Ihe ground of receiving a majorityi'of lawful votes cast at ihe polls-. The following table will show how many illegal1 votes the commissioned members must prove (if thr votes of Milville and South Amboy ba added) to establish their right over iheir opponents to the vacant seats,. viz: Mr. Stralton Maxwell Halslsd York Mr. Kille, 31 Ryall, 59 Dlckerson, 1 IT Cooper,. 135 Vroom, 199' Aycrigg Tho proofs laid in the first Instance belore the com miliee, would hsve tstablishad both Messrs. Stratlom and Maxwell in iheir scats, had tlic same boea in-alP respects competent. The injustice of refusing to examine the new depositions, is the more spparcnl from the fact thai lhay were taken as substitutes for olber depositions on the ssmv subjocl, which hsd been rejected under eircumstsnoes1' herein before detailed. Their weight and erfect'is greatly enhanced by lha fact lhal the contesting psrty war present, and cross-examined the witnesses. Tbe undersigned made strenuous efforts to induce the majority of Ihe commitlee to strike out the word "lawful" wherever it appears in their report as qualifying, the word "voles," so thai lha language of the report1 might correspond wilh the principle on which il Is based, and thus all misapprohension, eithorbythe House or the country, bs excluded ; and also, lo induce the majority to insert a clause in their report to indicate oppo aition lo it in the committee, and to grant ua time for iher exposilion of our visws through ths mediumofscoun-ler-reporl ; but their efforts proved wholly unavailing. Wo have aaid enough, we trust, to establish the propriety of having lha report of the commitlee recommitted, ihat the instructions given may be literally and faithfully obeyed. With this statement of facts, lo sustain which ws respectfully ssk for the priming of all the dooumenia,.w leave the caae lo the House ; and if it bo contemplated to make a report, aubmiitcd undur such circumstances,-Ihe basis of any action that will compromise ihe righir of eiihor of the partios in this controversy, we beg leave,, aa membera of ths committee, bb Representatives of the people, and in behalf of the sovereign Slates of this Union, to protest sgsinst whet we conceive a most indefensible and unlawful proceeding. MILLARD- FILLMORE,. JNO. M. BOTTS, GEO. W. CRAIIH,-TRUMAN SMITH. WiSHioloK,.MarrA 10, lcUO. t7"GaAii!v. Wa have aeen divera txplarntietia-of lha causa of ths appliealion of lha term "Granny"' lo Gen. Harrison, but wa think that the best, lbs most" philosophical, was given by the Hon. E. Clark in hia speech before Ihe lata Now YorkConvention.--"Hear!" "hear!" as they say In Parliament; oui-ville Journal. "I confess, sin lht while I am by no meana frightened at Ibe term "Granny," which heeheen wllhsuchf exceeding decency and wit given lo General Hatrisoa by the Van Uurenitea, 1 think F csn illustrate its origin. A gentleman of decided hypochondriac hibitc went to consult hia physician, and detailed lo hint' wilh looks of evident alarm, the serious fact thai hit-dreams, lately, hsd been of a meet disturbed diameter. Disordered figures, strange eombinaliona, had' presented themselves; and, indeed, the lasl nighf which ha had passed was full of tha most distressing images, not lha least frightful of which waa, Ihat sev--eral uf lha forms of bra decoased friends hsd showed1 themselves lo him, especially hia long since departed1 grandmother. Tha medical gentleman heard hia caae, and of course sought to know lha causes for so distressing a earn. "Whalt" aaid he, "has been your diet lately !f Did you eat any thin anosual forsup--por tha previoas night!" "Oh, no," was tha answerj "nothing unusual only half a lobster" "Half lobster !' cried Ihe man of physic, "why eal lha other half, and you will see your grandfather, too!" 8o,. Mr. Chairman, ia il with llie beoo-focos; wsbcal' Ihem ao handsomely lasl fall, that Ihey begin to sec their granny. B does not digest atll. After the victory of lha ensuing campaign, Ihey will, I fancy, aear their grandfather and all iheir relations."' OLD MASSACHUSETTS it speaking in tones of thunder her condemnation of lha Destructives. Her' town meeting have Just been held, and the generalre--anil la moat auspicious. Lowell Haa elected lha W hig ticket in every ward Dr. Huntington Mayor1 by 437 msjpriiy: for Everett last November 918.-Worcesler haa chosen lira Whig ticket by 310 majority: lasl fall for Everett, S30. Medfcrd haa elected a majority of Whig officers: last fall, Everett 134:-Morton8i3! Koxbury, whig by 170 majority: last fall 34! Quinoy, (J. Q. Adams' residence,) Whig-by 15 average tnajurily: last fall Morton had 93 majority! Taunton, (Gov. Motton'a town,) haagone-Loco-foco by 30 majority, aflrr desperate effort:: last fall Morton had 71). The majority ol two ia pretty effectually disposed of. Mb. Jour. J Si gn. Governor rrancu, rot several years past Guvernor of Khoda Island, waa t mminaied fur re-elec tion by tha Locos. Ho declined tha honor of a-ettinu" beat, though Mr, Van Baren urged him lo accept tha nomination, according to lha Providence Journal.-Gen. T. K. Carpenter hat tinea been- nominated,. ia place of t'rancis.dcolined,